Civil Air Navigation Services Commercialization Act (S.C. 1996, c. 20)

Changing Charges

Marginal note:Notice of new or revised charge

• 36 (1) Where the Corporation proposes to establish a new charge for air navigation services or revise an existing charge, it shall give notice of the proposal in accordance with this section.

• Marginal note:Contents of notice

  (2) The notice must

  • (a) set out the particulars of the proposal;

  • (b) specify that a document containing more details about the proposal, including a justification for the proposal in relation to the charging principles set out in section 35, can be obtained from the Corporation on request; and

  • (c) specify that persons interested in making representations in writing to the Corporation about the proposal may do so by writing to the address set out in the notice.

• Marginal note:How notice is to be given

  (3) The Corporation shall

  • (a) send, by mail or by electronic means, a copy of the notice to

    • (i) representative organizations of users whose members will, in the opinion of the Corporation, be affected by the new or revised charge, and

    • (ii) every user and other person who has, at least 10 days before, notified the Corporation of their desire to receive notices or announcements under this Act, and

  • (b) post an electronic version of the notice in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet,

  and, after having done so, the Corporation shall file a copy of the notice with the Agency.

Marginal note:Announcement of new or revised charge

• 37 (1) Before imposing a new charge for air navigation services or a revised charge, other than a new or revised charge approved by the Minister under section 39, the Corporation shall make an announcement in accordance with this section.

• Marginal note:Charge may be different

  (2) A new or revised charge set out in an announcement may be different from the charge as proposed in the notice required under section 36 if, based on reasonable and prudent projections, the total annual revenue to be generated by the announced charge is no greater than the total annual revenue to be generated by the charge as proposed in the notice.

• Marginal note:Contents of announcement

  (3) The announcement must

  • (a) set out the new or revised charge;

  • (b) specify when the new or revised charge will become effective;

  • (c) contain a statement that the charge may be appealed on application to the Agency; and

  • (d) where subsection (2) applies,

    • (i) specify that the charge set out in the announcement is different from the charge as proposed in the notice required under section 36,

    • (ii) specify that the total annual revenue to be generated by the charge set out in the announcement is no greater than the total annual revenue that would have been generated by the charge as proposed in the notice, and

    • (iii) state that details in relation to the Corporation’s projection of the revenues referred to in subparagraph (ii) can be obtained from the Corporation on request.

• Marginal note:How announcement is to be made

  (4) The Corporation shall

  • (a) send, by mail or by electronic means, a copy of the announcement to

    • (i) representative organizations of users whose members will, in the opinion of the Corporation, be affected by the new or revised charge, and

    • (ii) every user and other person who has, at least 10 days before, notified the Corporation of their desire to receive notices or announcements under this Act, and

  • (b) post an electronic version of the announcement in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet,

  and, after having done so, the Corporation shall file a copy of the announcement with the Agency.

• Marginal note:Time for making announcement

  (5) The announcement may only be made after 60 days have expired since the day the notice required under section 36 was filed with the Agency.

Marginal note:When charge can be imposed

38 The Corporation may only impose a new charge for air navigation services or a revised charge, other than a new or revised charge approved by the Minister under section 39, after 10 days have expired since the day the announcement in relation to the new or revised charge was filed with the Agency.

Special Approval of Charges

Marginal note:Submission of charge to Minister

• 39 (1) At any time during the two years immediately after the transfer date, the Corporation may, after having

  • (a) filed with the Agency a notice under section 36 of a proposed new charge for air navigation services or a revised charge, and

  • (b) considered any representations made to it,

  submit the proposed new or revised charge to the Minister for the Minister’s approval.

• Marginal note:Copies of representations

  (2) On submitting a proposed new or revised charge to the Minister, the Corporation shall provide the Minister with a copy of all written representations made to it concerning the proposed new or revised charge.

• Marginal note:Determination by Minister

  (3) After receiving a submission in respect of a proposed new or revised charge, the Minister shall, within 30 days, determine whether the charge is consistent with the charging principles set out in paragraphs 35(1)(a) to (h), taking into account subsection 35(8).

• Marginal note:Where Minister is satisfied

  (4) Where the Minister determines that a proposed new or revised charge is consistent with the charging principles set out in paragraphs 35(1)(a) to (h), taking into account subsection 35(8), the Minister shall approve the proposal and immediately notify the Corporation in writing of the approval.

• Marginal note:Corporation may modify proposal

  (5) Where the Minister determines that a proposed new or revised charge is not consistent with the charging principles set out in paragraphs 35(1)(a) to (h), taking into account subsection 35(8), the Minister shall, immediately, in writing,

  • (a) inform the Corporation of the Minister’s determination, and

  • (b) specify the reasons why the proposal is not consistent with those charging principles in sufficient detail to enable the Corporation to modify its proposal so as to make it consistent with those charging principles without affecting projected total annual revenues

  and, if the Corporation modifies its proposal to the Minister’s satisfaction, the Minister shall approve the modified proposal and immediately notify the Corporation in writing of the approval.

Marginal note:Announcement of approved charge

• 40 (1) Before imposing a new or revised charge that the Minister has approved under section 39, the Corporation shall make an announcement in accordance with this section.

• Marginal note:Contents of announcement

  (2) The announcement must

  • (a) set out the new or revised charge; and

  • (b) specify when the new or revised charge will become effective.

• Marginal note:How announcement is to be made

  (3) The Corporation shall

  • (a) send, by mail or by electronic means, a copy of the announcement to

    • (i) representative organizations of users whose members will, in the opinion of the Corporation, be affected by the new or revised charge, and

    • (ii) every user and other person who has, at least 10 days before, notified the Corporation of their desire to receive notices or announcements under this Act, and

  • (b) post an electronic version of the announcement in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet,

  and, after having done so, the Corporation shall file a copy of the announcement with the Agency.

Marginal note:When approved charge can be imposed

41 The Corporation may only impose a new or revised charge that has been approved by the Minister under section 39 after 10 days have expired since the day the announcement in relation to the new or revised charge was filed with the Agency.

Appeal of Charges

Marginal note:Appeals

• 42 (1) Subject to this Act, charges by the Corporation for air navigation services may be appealed to the Agency.

• Marginal note:No appeal

  (2) No appeal may be made in respect of a charge imposed by the Corporation pursuant to section 33 or 41.

Marginal note:Grounds

43 An appeal may only be made on one or more of the following grounds:

• (a) that one or more of the charging principles set out in section 35 have not been observed in establishing the charge;

• (b) that the notice requirements in section 36 have not been complied with;

• (c) that the announcement requirements in section 37 have not been complied with; and

• (d) where subsection 37(2) applies, that, based on reasonable and prudent projections, the total annual revenue to be generated by the announced charge is greater than the total annual revenue to be generated by the charge as proposed in the notice.

Marginal note:Who may appeal

44 An appeal may be made by any user, group of users or representative organization of users.

Marginal note:Time for making appeal

• 45 (1) Subject to subsections (2) and (3), an appeal must be made within 30 days after the day the announcement required by section 37 in respect of the charge that is the subject of the appeal was filed with the Agency.

• Marginal note:No notice

  (2) Where no notice has been given under section 36 but an announcement has been made under section 37 in respect of a charge, an appeal in respect of the charge must be made within 180 days after the announcement was filed with the Agency.

• Marginal note:No announcement

  (3) Where no announcement has been made under section 37 in respect of a charge, an appeal in respect of the charge may be made at any time.

Marginal note:Effect of appeal

46 An appeal does not prevent the charge that is the subject of the appeal from becoming effective or prevent the Corporation from imposing the charge pending the outcome of the appeal, and the Agency may not make an order that prevents the charge from becoming effective or the Corporation from imposing the charge.

Marginal note:Form of appeal

47 An appeal must be made in the form and manner specified by the Agency.

Marginal note:Time for deciding appeal

48 The Agency shall decide an appeal as expeditiously as possible, but no later than 60 days after it is made, unless the Agency is of the opinion that there are special circumstances involved in the determination of the appeal, in which case the Agency has a further 30 days to decide the appeal.

Marginal note:Notification of decision

49 At the conclusion of an appeal, the Agency shall provide the parties to the appeal with written reasons for its decision.

Marginal note:Preponderance of evidence

50 The Agency shall only decide to allow an appeal based on the failure of the Corporation to observe a charging principle if it is satisfied on a preponderance of the evidence that the Corporation failed to observe that charging principle.

Marginal note:Order — charging principles not observed or no notice or announcement

• 51 (1) Where the Agency’s decision is that one or more of the charging principles set out in section 35 have not been observed in establishing a new charge or revising an existing charge or that no notice under section 36 was given or no announcement under section 37 was made in respect of a new or revised charge, the Agency shall, as the case may be,

  • (a) order the Corporation to cancel the new charge that is the subject of the appeal and refund the amount of the cancelled charge to each user who paid it; or

  • (b) order the Corporation to cancel the revised charge that is the subject of the appeal, re-establish the previous charge and refund to each user who paid the cancelled charge the amount, if any, collected in excess of the re-established charge.

• Marginal note:Order — notice or announcement requirements not met

  (2) Where the Agency’s decision is that the requirements in section 36 or 37 have not been fully complied with in respect of a new or revised charge, the Agency may make such order, including an order requiring refunds, as it considers appropriate in the circumstances, having regard to the seriousness of the non-compliance.

• Marginal note:Order — charge different

  (3) Where the Agency’s decision is that, based on reasonable and prudent projections, the total annual revenue to be generated by a charge set out in an announcement required under section 37 is greater than the total annual revenue to be generated by the charge as proposed in the notice required under section 36, the Agency shall, as the case may be,

  • (a) order the Corporation to cancel the new charge that is the subject of the appeal and refund the amount of the cancelled charge to each user who paid it; or

  • (b) order the Corporation to cancel the revised charge that is the subject of the appeal, re-establish the previous charge and refund to each user who paid the cancelled charge the amount, if any, collected in excess of the re-established charge.

• Marginal note:Manner of refund

  (4) Where the Corporation is ordered to refund amounts, it may do so by way of credit or payment.